Abandonment, Defense of

 

Franklin County Criminal Law Casebook

Reproduced with permission from:
David L. Strait and the Franklin County Public Defender Office
 

As a defense to specific offenses:
State v. Swanson (March 14, 1978) Franklin County No. 77AP-687, unreported (1978 Opinions 621) -- Basis of the defense is that the offense remains uncompleted because the intent to commit it is consciously, voluntarily and manifestly forsaken.
 
United States v. Steele (3rd Cir. 1982), 685 F.2d 793, 803-804 -- Once the defendant establishes a prima facie case of withdrawal from a conspiracy, the government cannot rest on proof that he participated in an illegal scheme at one time. It must either impeach the defendant's proof or prove further acts in furtherance of the conspiracy. Also see United States v. Read (7th Cir. 1981), 658 F. 2d 1225.
 
United States v. Killian (5th Cir. 1981), 639 F.2d 206, 209 -- "In order to withdraw, a conspirator must show that he acted affirmatively to defeat or disavow the purpose of the conspiracy."
 
State v. Arnold (1983), 9 Ohio Misc. 2d 14 -- Headnote: "Renunciation of criminal purpose is not voluntary if it is motivated, in whole or in part, by circumstances, not present or apparent at the inception of the actor's course of conduct, which increase the probability of detection or apprehension or which make more difficult the accomplishment of the criminal purpose."

 

Publishing Information

Published by David L. Strait
 
Copyright © Franklin County Public Defender and David L. Strait, 2015
 
Contents may not be duplicated without express permission.